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A Serious or Major Offense
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The Violations That Can/Will Cause A CDL Driver To Lose Their Drivers License:

Charged with a Ticket or Criminal Offense in NJ you could lose both your Personal license to drive and your CDL license. To learn how we have provided a 4 tables/charts below explaining the offenses and penalties. If they seem confusing they are. But we can explain them to you with a consultation at 1-800-9-RIGHTS. The Good news is that if a good lawyer represents you for one of these charges you increases your chances of winning or reducing these penalties even if you are guilty. The biggest mistake most CDL drivers make is to go with the cheapest lawyer. You need the best lawyer. The price difference between a cheap lawyer and the best lawyer may be a few hundred or even a few thousand dollars depending on your offense, but if you lose your CDL license and your way of making a living you will lose much more. Don't suffer the results of being Pennywise and Dollar Foolish. You need the best representation. Attorney Aalsberg has a 98% Success rate to Win, Reduce or Eliminate the penalties for most traffic and criminal violations even for the guilty, put his success rate in helping thousands of other CDL drivers to work for you!

Principles a CDL Driver needs to know:

What is a Disqualification:

 A disqualification is the temporary or permanent withdrawal of a person’s privilege to operate a commercial motor vehicle CMV (commercial Motor Vehicle)

The Way A Commercial Driver Become Disqualified:

A disqualification can result from a single conviction for a MAJOR OFFENSE, or an accumulation of SERIOUS TRAFFIC OFFENSES or for other specific violations, i.e. violations of railroad-highway grade crossings or speeding tickets.

How Long Will My Disqualification Last:

The length of a disqualification depends on the violation as well as the driver’s record of past convictions.  Disqualifications can be for as little as 60 days or as long as the rest of your life and the reason all serious and major violations need to be fought with the best representation possible.  

Below Please find a chart that lists the violations that are defined as Major and Serious offenses for CDL holders. Most of these violations will result in the disqualification of your commercial driving privilege regardless of the type of vehicle you are driving (CMV and non-CMV). The disqualification period that a major offense carries depends on the offense and the type of vehicle you are driving. Two major offenses can/will result in a lifetime disqualification.

§ 383.51 Disqualification of CDL Drivers General Rules:

(1) A person required to have a CLP or CDL who is disqualified must not drive a CMV.

(2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.

(3) A holder of a CLP or CDL is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder drives a CMV or non-CMV and is convicted of the violations listed in those paragraphs.

(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV or non-CMV, must be counted.

(5) The disqualification period must be in addition to any other previous periods of disqualification.

(6) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (8) of this section (Table 1 to § 383.51) after 10 years, if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (8) of this section (Table 1 to § 383.51) must not be reinstated.

(7) A foreign commercial driver is subject to disqualification under this subpart.

(b) Disqualification for major offenses. Table 1 to § 383.51 contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

List of Major Offenses which Require a CDL driver to be disqualified (suspended) including type of vehicle he/she is operating during the time of the violation:

Table 1 to § 383.51

If a driver operates a motor vehicle and is convicted of:For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * *For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * *
(1) Being under the influence of alcohol as prescribed by State law * * * 39:4-501 year1 year3 yearsLifeLife.
(2) Being under the influence of a controlled substance * * * 39:4-501 year1 year3 yearsLifeLife.
(3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * * 39:4-501 yearNot applicable3 yearsLifeNot applicable.
(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part * * * NJSA 39:4-50.21 year1 year3 yearsLifeLife.
(5) Leaving the scene of an accident * * * NJSA 39:4-1291 year1 year3 yearsLifeLife.
(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) or (10) of this table * * *1 year1 year3 yearsLifeLife.
(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV 39:3-401 yearNot applicable3 yearsLifeNot applicable.
(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide NJSA 2C:11-5 or NJSA 2C:11-5.31 yearNot applicable3 yearsLifeNot applicable.
(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance * * *Life-not eligible for 10-year reinstatementLife-not eligible for 10-year reinstatementLife-not eligible for 10-year reinstatementLife-not eligible for 10-year reinstatementLife-not eligible for 10-year reinstatement
(10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11)Life - not eligible for 10-year reinstatementNot applicableLife - not eligible for 10-year reinstatementLife - not eligible for 10-year reinstatementNot applicable.

(c) Disqualification for serious traffic violations. Table 2 to § 383.51 contains a list of the offenses and the periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

List of Offenses and Time Period for a CDL Driver to be Disqualified based on the Violation and Type of Vehicle Driven when charged with the offense:

Table 2 to § 383.51

If the driver operates a motor vehicle and is convicted of:For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * *For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * *
(1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit NJSA 39:4-9860 days60 days120 days120 days.
(2) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property NJSA 39:4-9660 days60 days120 days120 days.
(3) Making improper or erratic traffic lane changes NJSA 39:4-82, 39:4-84, 39:4-85, 39:4-8660 days60 days120 days120 days.
(4) Following the vehicle ahead too closely NJSA 39:4-8960 days60 days120 days120 days.
(5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident 2C:11-5 Vehicular Homicide60 days60 days120 days120 days.
(6) Driving a CMV without obtaining a CLP or CDL60 daysNot applicable120 daysNot applicable.
(7) Driving a CMV without a CLP or CDL in the driver's possession1 NJSA 39:3-2960 daysNot applicable120 daysNot applicable.
(8) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported60 daysNot applicable120 daysNot applicable.
(9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV.2 NJSA 39:4-97.360 daysNot applicable120 daysNot applicable.
(10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.2 NJSA (39:4-97.3)60 daysNot applicable120 daysNot applicable.

Required CDL Disqualification Periods:

Table 3 to § 383.51 Due to getting a ticket in NJ for NJSA 39:4-127, 39:4-127.1 and 39:4-128 128.1, 39:4-128.4

If the driver is convicted of operating a CMV in violation of a Federal, State or local law because * * *.For a first conviction a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *
(1) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train * * *No less than 60 daysNo less than 120 daysNo less than 1 year.
(2) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear * * *No less than 60 daysNo less than 120 daysNo less than 1 year.
(3) The driver is always required to stop, but fails to stop before driving onto the crossing * * *No less than 60 daysNo less than 120 daysNo less than 1 year.
(4) The driver fails to have sufficient space to drive completely through the crossing without stopping * * *No less than 60 daysNo less than 120 daysNo less than 1 year.
(5) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing * * *No less than 60 daysNo less than 120 daysNo less than 1 year.
(6) The driver fails to negotiate a crossing because of insufficient undercarriage clearance * * *No less than 60 daysNo less than 120 daysNo less than 1 year.

(e) Disqualification for violating out-of-service orders. Table 4 to § 383.51 contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified when the driver is operating a CMV at the time of the violation, as follows:

Disqualifications of CDL Drivers:

TABLE 4 TO § 383.51

If the driver operates a CMV and is convicted of * * *For a first conviction while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a second conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *For a third or subsequent conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *
(1) Violating a driver or vehicle out-of-service order while transporting nonhazardous materialsNo less than 180 days or more than 1 yearNo less than 2 years or more than 5 yearsNo less than 3 years or more than 5 years.
(2) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5, or while operating a vehicle designed to transport 16 or more passengers, including the driverNo less than 180 days or more than 2 yearsNo less than 3 years or more than 5 yearsNo less than 3 years or more than 5 years.

For a list of tickets that will add you Points, Click here.